What Are the Requirements for Filing a Slip and Fall Claim?

Were you recently injured in a slip and fall accident that took place on someone else’s property? Maybe you were at a restaurant and slipped on spilled oil, or perhaps you were shopping at a grocery store and slipped on spilled dish soap that nobody bothered to clean up.

Whatever the case, you may be eligible for compensation for medical expenses and stress caused by your injury – click here now for more information. However, there are several requirements that you must meet in order to be eligible to take action against an individual, business, or property owner. The requirements vary depending on whether the property is commercial, residential, or private. Here is a breakdown of what each type of property requires for a slip and fall claim.

Commercial Property

The majority of slip and fall accidents claims are made against commercial property owners. Visitors to commercial locations are identified as invitees, licensees, or trespassers. Invitees and licensees are similar to one another in that they are both guests; the difference is that an invitee is there to benefit the business they are visiting, while a licensee is there to promote their own enterprise. 

While trespassers are not invited to the property and have no right to be there, they may still be eligible to file a slip and fall claim regardless. Commercial property owners are legally required to ensure that their property remains safe for all guests. They must inspect their building on a regular basis to ensure safety and fix any potential issues that could threaten visitors. They must also avoid creating a dangerous environment. If a business owner is aware of an unsafe area in the building, they are obligated to block off or restrict access to that area.

In order to file a slip and fall claim against a commercial property, you must be able to prove that you were injured as a result of the accident and that that the compensation you seek is meant to cover the cost of the injuries associated with it. Furthermore, your attorney must prove that the building’s owner failed to create a safe environment for guests. You would not be eligible to file a claim if the injury took place more than 90 days ago and if you strayed into an obvious restricted area.

Residential and Private Property

Being eligible for a slip and fall claim might be slightly more difficult if you are injured on private or residential property. This is because the laws and regulations regarding proper maintenance and care of personal, private property are far less strict than commercial property laws. When it comes to residential property, the owners are obligated to warn guests of any known safety hazards; however, they are not required to have routine inspections or maintenance performed on their property. Residential property owners are also not obliged to repair any damage they come across on their property; instead, they are only required to warn other guests. 

If you are injured on residential property, you may be eligible to file a claim if the property owner was in control of the area when the fall occurred and/or if the area presented an obvious, known danger and remedying the hazard could have been easily accomplished. 

Do you believe that you are entitled to file a slip and fall injury claim? If so, contact one of our South Jersey personal injury attorneys today! We will help you to get the compensation you are owed.